Renting Homes (Wales) Bill Simon White Housing Policy Division Welsh Government rentinghomes@wales.gsi.gov.uk www.wales.gov.uk/rentinghomes
Currently: 1 in 3 households rent; private renting increasing Tenants are less happy than owner-occupiers Two types of renting long-term and short-term Many different tenancy types causes problems: Confusion surrounding licences and tenancies Knowing what tenancy exists Tenancy agreements difficult to understand Lack of clarity leads to disputes Absent joint tenants Domestic abuse and relationship breakdown under joint tenancies Renting by 16 and 17 year olds
Calls for reform: 1996 - Lord Chief Justice Woolf: reform of the substantive law on housing could do more than anything else to reduce cost and delay.. the main source of difficulty is the complexity of the substantive law itself. Access to Justice 2000 - Nick Madge, Circuit Judge: Housing law has become an impenetrable forest. [ ] There are few paths through the forest, known only to the most skilful lawyers. Some who enter the forest escape with scratches and torn clothes. Many become hopelessly lost. The Times, 25/07/2000 2009 Lord Justice Jackson simplifying substantive housing law would considerably reduce the costs of litigation in that area and improve access to justice. Review of Civil Litigation Costs
A brief summary of the Bill: Based on Law Commission s 2006 Renting Homes report Single legal framework for social and private renting Enables single social tenancy for Wales Clarity on rights and responsibilities through written contracts Model contracts freely available to all Secure Contract: high level of security protected by law; replaces Secure and Assured Tenancies; can also be used by private landlords. Standard Contract: low level of security under law; greater security can be agreed through fixed terms; replaces Assured Shorthold, Introductory and Demoted Tenancies; provides greater flexibility for short-term renting A legal basis for supported housing
Key Concepts Occupation contracts Chapter 1 of Part 2 of the Bill (including Schedule 2 to the Bill) People who rent homes in Wales do so under a tenancy or licence. Under the Bill, this will remain the case- but regardless of whether occupier is a tenant or licensee, they will (in most cases) rent their home under an occupation contract (and Bill refers to them as contract-holders ). Two kinds of occupation contract: Secure contract (which is periodic); Standard contract (which can be periodic or fixed term, as parties wish).
Key Concepts landlords Chapter 2 of Part 2 The Bill provides for two types of landlord - Community landlords Private landlords Community landlord is defined in section 9 - Local authorities for areas in Wales (defined in section 240) Registered social landlords providing housing in Wales (e.g. Housing Associations) i.e. providers of social housing. Private landlord is defined in section 10: any landlord- who is a landlord of a dwelling which is in Wales, and who is not a community landlord.
Key concepts landlords and contracts As a general rule, type of landlord dictates what kind of contract the occupier occupies under. Default positions - Community landlord (see sections 11(1) and 12(1)) Secure contract Private landlord Standard contract (see section 17) Variations are possible
Key concepts landlords and contracts 2 Variations from default position- community landlords (sections 11(2) to (5) and 12(2) to (8)). See especially: Contract is mentioned in Schedule 3, and community landlord wants to it be standard. Schedule 3 includes: Introductory standard contracts (see section 16 and Schedule 4) Accommodation for asylum seekers and displaced persons; Accommodation for homeless people, Accommodation connected with certain public sector employment, Certain student accommodation etc. Prohibited conduct standard contracts Variations from default position- private landlords (section 17); always standard, unless landlord chooses secure, or takes over existing.
Key Concepts written statement Chapter 2 of Part 3 The Bill requires every landlord to issue a written statement of contract to the contract-holder within 14 days of the day on which the contract-holder is entitled to begin to live in the dwelling the occupation date (section 31). This means that the contract (tenancy or licence) can be agreed and become effective before the written statement is given. Ensures that contract-holders are given an accurate and complete document setting out their rights and obligations under the contract. Sections 34 to 38 deal with remedies where written statement is inaccurate or incomplete etc. There are financial remedies: see sections 87 and 88 (compensation).
What are the terms of the contract? Bill provides for 4 kinds of term- Fundamental terms ; Supplementary terms ; Terms relating to key matters ; Additional terms. What the final terms of the contract are varies depending on whether contract is: A secure contract; A periodic standard contract; A fixed term standard contract. Terms of contract can also vary depending on what is agreed between landlord and contract-holder, but nature of term impacts on the right to vary. Under section 29, the Welsh Ministers may set out, in regulations, model written statement of contracts.
Fundamental provisions/terms I Chapter 3 of Part 2 (sections 18 to 22) Perhaps most important concept in the Bill. The Bill contains a number of fundamental provisions. These are Sections in Bill (and Part 1 of Schedule 8) which, as well as being part of Bill, are also incorporated into every kind of occupation contract to which they apply. MUST be included in essentially unmodified form unless- Landlord and contract-holder agree, and Modification/non-incorporation improves position of contractholder. Once a fundamental provision is part of an occupation contract, the term which incorporates it is referred to as a fundamental term. Some must be incorporated without modification (see below).
Fundamental provisions/terms 2 Chapter 3 of Part 2 (sections 18 to 22) Some fundamental provisions apply to all occupation contracts (see Parts 3 and 9), but some apply only to specific kinds of contract. Each fundamental provision contains a subsection specifying that it is a fundamental provision, and dealing with its application. Schedule 1 contains three tables, setting out all the fundamental provisions that apply to each of the three kinds of occupation contract.
Supplementary provisions/terms Chapter 4 of Part 2 (sections 23 to 25) Supplementary provisions will be set out in Regulations made by the Welsh Minister. These are automatically incorporated into occupation contracts to which they apply unless both landlord and contract-holder agree (no further constraints or requirements). Once a supplementary provision is part of an occupation contract, the term which incorporates it is referred to as a supplementary term.
Additional terms and key matters Chapter 5 of Part 2 Terms of contract relating to key matters are terms dealing with the dwelling s address, the occupation date, rent etc. see sections 26 and 27. Additional terms are terms agreed between landlord and contract-holder which are not fundamental or supplementary terms, or terms addressing key matters (section 28). The written statement needs to set out all the terms of the contract.
Changing the contract when made Fundamental provisions may be changed if agreed, and improves contract-holder s position. Changing a fundamental provision at time contract is made is referred to in Bill as modification. But: Note section 33 (editorial changes) and Note section 20(3) list of fundamental provisions that must be incorporated without modification e.g. Prohibition of anti-social behaviour (section 55); Use of false statements to get contract (section 157). Supplementary provisions may be changed by agreement.
Changing the contract after it has been made Changing the terms of contract after it takes effect is referred to in Bill as variation. Extent to which variations are possible differs between kinds of occupation contracts: Secure contracts Chapter 2 of Part 5 (sections 103 to 110); Periodic standard contracts Chapter 2 of Part 6 (sections 122 to 129); Fixed term standard contracts Chapter 2 of Part 7 (sections 134 to 137).
Structure of the Bill For a landlord or contract-holder, not necessary to read all of Bill structure is intended to enable reader to bypass material irrelevant to them. This means the Bill contains some repetition, but only a small amount, and with a view to keeping the Parts of the Bill self-contained. The Bill is structured as follows Part 1: provides introduction to Bill and key concepts (map); Part 2: sets out the key concepts in detail; Part 3: rights and obligations of parties to all occupation contracts; Part 4: all contracts except longer-term fixed term standard contracts;
Structure of the Bill (contd.) Part 5: secure contracts only; Part 6: periodic standard contracts only; Part 7: fixed term standard contracts only; Part 8: supported contracts only (see section 143 accommodation which is connected with support services e.g. support in overcoming addiction or finding employment); Part 9: Termination of contract- Although Part 9 applies to all occupation contracts, it is sub-divided into Chapters which have differing application; See section 146 for table explaining structure of Part 9. Parts 10 and 11 contain provisions which supplement the rest of the Bill (e.g. definitions, requirements about giving notice, exercise of powers).
I am a contract-holder Who is my landlord? If you have a secure contract, almost certainly a community landlord (section 11 or 12). Otherwise, a private landlord. When does my contract start? Whenever you make it with the landlord. But the most important date is the date you are allowed to move in ( the occupation date section 242). How do I know my rights and obligations (and my landlord s)? Your landlord has to give you a written statement of the contract within 14 days of the occupation date (section 31).
I am a contract-holder I have been asked to pay a deposit what happens now? Your landlord can only ask for a deposit as money or a guarantee (section 43), and Your landlord must put the money in an authorised deposit scheme (section 45 and Schedule 5). Can someone I live with also be a contract-holder? Yes, they can be a joint contract-holder (Chapter 5 of Part 3) either from the outset, or, if the landlord consents, after the contract begins. The Bill makes a range of provision about how such arrangements work in practice. What protection do I have from the landlord interfering with my rights? The landlord must not do anything (other than in the reasonable exercise of the landlord s rights under the contract) which interferes with your right to live in the dwelling (section 54). This used to be known as the right to quiet enjoyment.
I am a contract-holder What am I not allowed to do under the contract? You must not engage in anti-social behaviour ; that is causing nuisance and annoyance to people in or near, or connect with, your home (section 55) The consequences of this are serious you can be evicted on the ground of breach of contract (section 156), or your landlord can apply to court for your contract to end and be replaced with a prohibited conduct standard contract (section 116 and Schedule 7). This means that for 12 months, or 18 months if the landlord extends the probation period, you have a periodic standard contract and reduced security of occupation. Do I have any other rights? If the contract permits, you can make an occupation contract with someone else to live in your dwelling (sub-occupation: sections 59 to 68); If the contract permits, you can transfer your rights and obligations to someone else (sections 69 to 72); The landlord must ensure the building is fit for human habitation and in keep it in repair (Part 4).
I am a secure contract-holder introductory standard contracts At the outset of the contract, your community landlord can choose to give you an introductory standard contract rather than a secure contract. This is a periodic standard contract which, when compared to a secure contract, has reduced security of occupation (see below). The introductory period lasts for 12 months, and can be extended to 18 months. At the end of the introductory period, the contract becomes a secure contract. See section 16 and Schedule 4.
I am a secure contract-holder other rights, obligations etc. In addition to what has already been set out You and your landlord can vary the terms of the contract in accordance with sections 103 to 110: Your landlord can vary your rent by notice, You and your landlord can agree to vary fundamental terms (subject to section 108), and The other terms can be varied by agreement, or by the landlord by notice. Joint contract-holders may leave the contract ( withdrawal ) by giving notice (section 111). You can have a lodger (section 113). You can transfer the contract- to someone who could succeed to the contract in the event of your death (sections 114 and 115), and If you have a community landlord, to another secure contractholder.
I am a periodic standard contract-holder In addition to what has already been set out (other than in relation to secure contracts) The contract can provide that you will not be allowed to live in the dwelling during specified periods (section 121). You and your landlord can vary the terms of the contract in accordance with sections 122 to 129: Your landlord can vary your rent by notice, The other terms can be varied by agreement, or by the landlord by notice. Joint contract-holders may leave the contract ( withdrawal ) by giving notice (section 130).
I am a fixed term standard contract-holder In addition to what has already been set out (other than in relation to secure contracts and periodic standard contracts) You and your landlord can agree that you will not be allowed to live in the dwelling during specified periods (section 133). You and your landlord can vary the terms of the contract by agreement (sections 134 to 137). If the contract has a contract-holder s break clause, joint contractholders may leave the contract ( withdrawal ) by giving notice (section 138). Sections 139 to 142 make provision about what you, or any joint contract-holders, may and must do if the contract gives you certain rights to transfer your rights and obligations under the contract.
How can the contract end? Part 9 This depends on what kind of contract you have. Section 146 contains a table providing a guide as to which Chapters of Part 9 apply to which kinds of contract. The following apply to all contracts, and involve the end of a contract without eviction: You can end the contract before the earlier of the occupation date and provision of a written statement (section 151) ; At any time you and the landlord can agree to end the contract (section 152); The contract ends if the landlord commits a major breach of contract (section 153); The contract ends if a sole contract-holder dies, and there is noone to succeed him or her.
Termination: all contracts The landlord can apply to the court for an order for possession (make a possession claim ) if- You have breached your contract (sections 156 to 158) the court may make an order for possession only if it thinks it reasonable (see section 205, and as to reasonableness, see Schedule 9) discretionary ground; One of the estate management grounds applies these are a range of grounds enabling landlords to use their estate, or housing stock, properly. (Sections 159 to 161 and Schedule 8). The court may make an order for possession only if it thinks it reasonable, and if it is satisfied that suitable alternative accommodation is available (see section 206, and as to alternative accommodation, see Schedule 10) discretionary ground.
Termination: secure contracts If you have a secure contract, you may end the contract by giving notice to the landlord (section 162). If you do not leave the dwelling on the date specified in the notice, the landlord can make a possession claim to the court for an order for possession. If the court is satisfied the ground is made out, it must make an order for possession (subject to any human rights defence) (section 208) absolute ground. But, as a secure contract-holder, the landlord has no further rights to evict you.
Termination: periodic standard contracts As with secure contracts, you may end the contract by giving notice to the landlord (section 167). The landlord may end the contract for any reason by giving you notice (section 172): o You must be given at least two months notice (section 173); o You can t be evicted at a time when you haven t been given a written statement (section 174) or when the landlord is in breach of deposit or security requirements (section 175). If the landlord makes a claims to the court and the court is satisfied the ground is made out, it must make an order for possession (subject to any human rights defence) (section 211) absolute ground. But, retaliatory evictions
Retaliatory evictions Retaliatory evictions (section 213)- o o o Applies only in relation to- o o landlords no fault notices under section 172 (periodic standard contracts), and Landlords break clauses (fixed term standard contracts: see section 195); Turns absolute ground into discretionary ground ; Applies where court is satisfied that landlord is trying to avoid obligations to keep dwelling fit for human habitation and in repair (Part 4).
Termination: periodic standard contracts 2 Finally, a landlord may end the contract on the ground that you are in serious rent arrears (section 179). If the court is satisfied the ground is made out, it must make an order for possession (subject to any human rights defence) (section 212) absolute ground.
Termination: fixed term standard contracts Very similar to termination of periodic standard contracts: If the contract has a contract-holder s break clause, then you can end the contract by giving notice (sections 186 to 190). If the contract has a landlord s break clause, then your landlord can end the contract by giving notice (sections 191 to 197). These provisions work in the same way as the equivalent provisions on periodic standard contracts. Serious rent arrears (section 184) virtually identical to provision about periodic standard contracts. Also, landlord may give notice in connection with end of the fixed term (section 183). If contract-holder does not leave after such a notice, this leads to an absolute ground for possession.
Abandonment Chapter 13 of Part 9 Section 216 gives landlords the right to recover property which has been abandoned without recourse to the court. The landlord can give notice to the contract-holder which effectively requires him or her to contact the landlord within four weeks to confirm that he or she has not abandoned the dwelling. Meanwhile, the landlord must make inquiries as to whether the property has been abandoned. At the end of the process, the landlord can recover possession. If, within six months of recovery of possession, the contract-holder wishes to contest this, he or she can apply to the court under section 218 (e.g. because there was a good reason for the failure to respond to the notice).
Succession Sections 73 to 83 The Bill sets out a system for succession (i.e. inheritance) of occupation contracts. Potential successors are either- Priority successors, or Reserve successors. Priority (section 75): spouse/civil partner (or living together as spouses/civil partners), and living in dwelling. Reserve - family: other kind of family member (section 76, and see section 247 for definition of family member) who lives in dwelling. Reserve carer: a carer who lives in dwelling (section 77). Priority successors have precedence over reserve successors. Where there are multiple successors of the same type, they can agree between them who succeeds; but if they cannot, the landlord chooses (section 78). The system allows only for a limited number of successions, after which the contract ends with the death of the last contract-holder.
Other notable aspects of Bill Young people the Bill allows 16 and 17 year olds to be contract-holders (see section 7(6) and sections 229 and 230). Trespassers and implied contracts where people have been living in a dwelling as a trespasser, but the landlord accepts this and accepts payments form the trespasser, the Bill creates a contract between the parties (section 235). Landlord s consent the Bill creates a system which applies whenever a landlord is asked to consent to something; it addresses time limits, process, deemed consent, appeals etc.
55 Anti-social behaviour and other prohibited conduct (1) The contract-holder under an occupation contract must not engage or threaten to engage in conduct capable of causing nuisance or annoyance to a person with a right (of whatever description) (a) to live in the dwelling subject to the occupation contract, or (b) to live in a dwelling or other accommodation in the locality of the dwelling subject to the occupation contract. (2) The contract-holder must not engage or threaten to engage in conduct capable of causing nuisance or annoyance to a person engaged in lawful activity (a) in the dwelling subject to the occupation contract, or (b) in the locality of that dwelling.
55 Anti-social behaviour and other prohibited conduct (3) The contract-holder must not engage or threaten to engage in conduct (a) capable of causing nuisance or annoyance to (i) the landlord under the occupation contract, or (ii) a person (whether or not employed by the landlord) acting in connection with the exercise of the landlord s housing management functions, and (b) that is directly or indirectly related to or affects the landlord s housing management functions. (4) The contract-holder may not use or threaten to use the dwelling subject to the occupation contract, including any common parts and any other part of a building comprising the dwelling, for criminal purposes.
55 Anti-social behaviour and other prohibited conduct (5) The contract-holder must not (a) allow, incite or encourage any person who is living in or visiting the dwelling to act as mentioned in subsections (1) to (3), or (b) allow, incite or encourage any person to act as mentioned in subsection (4). (6) This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section (a) must be incorporated, and (b) must not be incorporated with modifications. 56 Power to amend section 55 The Welsh Ministers may by regulations amend section 55.
Model Contracts Essential that landlords have easy access to contracts that comply with the law. Welsh Government will produce model contracts for use by landlords. These will include all relevant fundamental and supplementary terms. A Key Matters template for setting out details specific to the let, e.g. landlord and tenant details, address and rent, plus any additional terms. Landlords will be able to produce their own versions - but the models will be freely available to download.
National Assembly Scrutiny: Assembly web page: http://senedd.assembly.wales/mgissuehistoryhome.aspx?iid=1 2055 Communities, Equality and Local Government Committee call for evidence closed on 27 March 2015 4 stages: Stage 1 - Committee considerations of general principles Stage 2 - Committee consideration of amendments Stage 3 - Plenary consideration of amendments Stage 4 - Passing of the Bill in Plenary
Implementation Model contracts freely available in advance to help prepare All existing tenancies would automatically convert to the appropriate new contract on a set date arrears transfer too New contracts could then be issued at suitable point, e.g. in private sector when one tenancy ends and another starts Continued engagement with stakeholders to minimise administrative burden Guidance for landlords and tenants to assist in the change Long timescale to enable full stakeholder engagement Bill considered by Assembly in 2015 / early 2016 New scheme operational in 2017?
Thank you any questions? Simon White Housing Policy Division Welsh Government rentinghomes@wales.gsi.gov.uk www.wales.gov.uk/rentinghomes